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All other Green Card Issues I-140/I-485, Family Based Green Card

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  #1  
Old 11-23-2010, 04:20 PM
dsreedhar dsreedhar is offline
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Mar-02
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EB3
I140 Mailed Date
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08/01/2006
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India
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I485 Mailed Date
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06/07/2007
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dsreedhar is on a distinguished road
Default Options in case of Layoff with pending 485

I work for a big IT consulting firm as a consultant in the IBM AS400 platform.
My assignment at the current client site is about to end in a week. The way things have been going in our business unit lately compounded with the bad economy, I am worried about my job and continued employment in this company.
I made my employer aware of my situation and my worry. They verbally assured me of no problem, but I dont want to totally take their word. I hate to be in such a vulnerable position.
So i want to keep alternate options in the worst case.
My visa/GC status-
I am still Working on my H1 (13th year) valid until 05/2013. I did apply for EAD but did not use for employment and it got expired in Sep 2010. I have not renewed EAD to avoid expenses as i was expecting 485 approval in 5-6 months and no job issue.
My case is EB3-India with a PD of 03/12/2002.

With this situation what are my best available options and the risk associated?
Currently EAD is taking 3+ months for approval. Can I go for Interim EAD to get quick approval. What is the procedure for that and how quick can i get one?
Any risk there if i get laid off before I get EAD?


All help and advice is appreciated.

TIA
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  #2  
Old 11-24-2010, 06:46 AM
minimalist minimalist is offline
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Priority Date
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May-06
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EB3
I140 Mailed Date
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06/30/2006
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India
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I-485
I485 Mailed Date
:
08/17/2007
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Join Date: May 2008
Posts: 225
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Default

Quote:
Originally Posted by dsreedhar View Post
I work for a big IT consulting firm as a consultant in the IBM AS400 platform.
My assignment at the current client site is about to end in a week. The way things have been going in our business unit lately compounded with the bad economy, I am worried about my job and continued employment in this company.
I made my employer aware of my situation and my worry. They verbally assured me of no problem, but I dont want to totally take their word. I hate to be in such a vulnerable position.
So i want to keep alternate options in the worst case.
My visa/GC status-
I am still Working on my H1 (13th year) valid until 05/2013. I did apply for EAD but did not use for employment and it got expired in Sep 2010. I have not renewed EAD to avoid expenses as i was expecting 485 approval in 5-6 months and no job issue.
My case is EB3-India with a PD of 03/12/2002.

With this situation what are my best available options and the risk associated?
Currently EAD is taking 3+ months for approval. Can I go for Interim EAD to get quick approval. What is the procedure for that and how quick can i get one?
Any risk there if i get laid off before I get EAD?


All help and advice is appreciated.

TIA
You can apply for EAD ASAP and hope for the best. There is no real way to expedite EAD approval or get an interim EAD. There is no risk for your status as you can stay as 485 pending. However, you may want to find an employer ASAP if that happens.
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  #3  
Old 11-24-2010, 09:27 AM
lfadgyas lfadgyas is offline
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Priority Date
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Dec-05
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EB3
I140 Mailed Date
:
03/06/2006
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Hungary
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I-485
I485 Mailed Date
:
07/07/2007
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Join Date: Aug 2006
Posts: 37
lfadgyas has a reputation beyond repute lfadgyas has a reputation beyond repute lfadgyas has a reputation beyond repute lfadgyas has a reputation beyond repute lfadgyas has a reputation beyond repute lfadgyas has a reputation beyond repute lfadgyas has a reputation beyond repute lfadgyas has a reputation beyond repute lfadgyas has a reputation beyond repute lfadgyas has a reputation beyond repute lfadgyas has a reputation beyond repute
Default

Apply for EAD while you have your job. In case of a layoff at least you would have it in hand -one less thing to worry about -, and would be much easier to find a job (in fact I guess this would be the only easy option).
Best,
L
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  #4  
Old 11-24-2010, 10:53 AM
dassumi dassumi is offline
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Priority Date
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Aug-02
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India
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I-485
I485 Mailed Date
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Join Date: Jul 2010
Posts: 61
Blog Entries: 1
dassumi has a reputation beyond repute dassumi has a reputation beyond repute dassumi has a reputation beyond repute dassumi has a reputation beyond repute dassumi has a reputation beyond repute dassumi has a reputation beyond repute dassumi has a reputation beyond repute dassumi has a reputation beyond repute dassumi has a reputation beyond repute dassumi has a reputation beyond repute dassumi has a reputation beyond repute
Default Always have the EAD ready

Hi Sreedhar - I know that what I mention below will not help you in the current situation, but always have EAD and the AP handy. You don't know when you need it. It is like buying insurance, in the grand scheme of things, its a small price to pay. I am sure that you have already planned on this going forward.


Quote:
Originally Posted by dsreedhar View Post
I work for a big IT consulting firm as a consultant in the IBM AS400 platform.
My assignment at the current client site is about to end in a week. The way things have been going in our business unit lately compounded with the bad economy, I am worried about my job and continued employment in this company.
I made my employer aware of my situation and my worry. They verbally assured me of no problem, but I dont want to totally take their word. I hate to be in such a vulnerable position.
So i want to keep alternate options in the worst case.
My visa/GC status-
I am still Working on my H1 (13th year) valid until 05/2013. I did apply for EAD but did not use for employment and it got expired in Sep 2010. I have not renewed EAD to avoid expenses as i was expecting 485 approval in 5-6 months and no job issue.
My case is EB3-India with a PD of 03/12/2002.

With this situation what are my best available options and the risk associated?
Currently EAD is taking 3+ months for approval. Can I go for Interim EAD to get quick approval. What is the procedure for that and how quick can i get one?
Any risk there if i get laid off before I get EAD?


All help and advice is appreciated.

TIA
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  #5  
Old 07-06-2012, 09:03 PM
808hiflip 808hiflip is offline
Junior Member
Priority Date
:
Mar-06
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EB3
I140 Mailed Date
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N/A
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Join Date: Sep 2010
Posts: 23
808hiflip is infamous around these parts 808hiflip is infamous around these parts 808hiflip is infamous around these parts 808hiflip is infamous around these parts 808hiflip is infamous around these parts 808hiflip is infamous around these parts
Default just my thought...

my fellow EB3 dsreedhar,

Sorry to hear about you and your company's plight. Happens to almost all of us. Hope you can find your answer sooner and faster for your wories.

I was almost in the same mix like you before but very different problem. When I applied for extension of my H1B, H1B was approved but extension was denied. My lawyer was in dilemna right away and advices me to pack home and apply for visa stamping. I said, NO! As I know I have a pending I-485 (AOS) and a EAD that is still current. Even though my extension is denied, I'm still in status for being 1. I have (still) my just-approved H1B 2. I have a pending AOS. and 3. My EAD is still current. (Actually I've been renewing my EAD eversince I applied for AOS, I have 3 EAD extensions). The nature of this response is just to share my own experience and let you know that EAD is my fallout if something bad happens to my status, at least will buy me some time to re-think and strategize. If in case my application for H1B extension is denied my only fallout is my pending AOS and EAD. And if AOS is denied your only fallout is your EAD so long as it is still current or until its expiration date, then you can find another sponsor and transfer H1B and go to another AOS process again. We are here in the US because we chose to be here, and be someday, dreamt of becoming a citizen of this great country. Why think about expenses, youre working right? This will be your lifesaver someday, youll never know. You are in the position to apply for it, grab it, some of our brothers can't and like to do it. Anything that will help you nail your place in here, take it! I always set aside money for those expensive extensions for when the time comes, I have something to pull and not worry about where to get it.
Now everything pays off, as I just received my GC a month ago. You will soon, but do everything you can in your power to keep your status alive and current! Good luck!!

PS. dont be so sure about your prediction of "485 approval in 5-6 mos.", I'm not saying you wont be approved but just about the timeline as you know the bulletin is kind of crazy and unpredictable. That why you need a fallout always.

Disclaimer
I'm not a lawyer nor trying to be one, consult a competent and intelligent immigration lawyer for only them can direct you to the right way and answer all your immigtion matters. Do not use my reply as a definite answer to your queries as this is solely base on my personal opinion only. Any kind of advice I have shared in here should'nt be use as everyone case is different from another.

Quote:
Originally Posted by dsreedhar View Post
I work for a big IT consulting firm as a consultant in the IBM AS400 platform.
My assignment at the current client site is about to end in a week. The way things have been going in our business unit lately compounded with the bad economy, I am worried about my job and continued employment in this company.
I made my employer aware of my situation and my worry. They verbally assured me of no problem, but I dont want to totally take their word. I hate to be in such a vulnerable position.
So i want to keep alternate options in the worst case.
My visa/GC status-
I am still Working on my H1 (13th year) valid until 05/2013. I did apply for EAD but did not use for employment and it got expired in Sep 2010. I have not renewed EAD to avoid expenses as i was expecting 485 approval in 5-6 months and no job issue.
My case is EB3-India with a PD of 03/12/2002.

With this situation what are my best available options and the risk associated?
Currently EAD is taking 3+ months for approval. Can I go for Interim EAD to get quick approval. What is the procedure for that and how quick can i get one?
Any risk there if i get laid off before I get EAD?


All help and advice is appreciated.

TIA
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